Aboriginal people and candidacy 1843-present
Since elections began in 1843, only people who are enrolled to vote can be a candidate in NSW. Property requirements and other barriers to voting that Aboriginal people have faced have prevented Aboriginal people from nominating as candidates in NSW elections.
The New South Wales Constitution Act 1842 (UK) () created the first partly-elected Legislative Council in NSW. Only men with property could nominate themselves as a candidate () (see SUB0314). There is no evidence that any Aboriginal person nominated for Parliament during this time period.
The Parliamentary Electorates and Elections Act 1893 (NSW) () later allowed all men to vote, regardless of their property status or living arrangement. This meant all men were able to become a political candidate. There is no evidence of any Aboriginal man nominating for Parliament.
In 1918, the Women’s Legal Status Act 1918 (NSW) () allowed women, including Aboriginal women, to become a political candidate for the NSW Legislative Assembly. The Constitution (Amendment) Act No. 1, 1926 (NSW) (), made it possible for women to nominate for the NSW Legislative Council. There is no evidence of any Aboriginal woman nominating for parliament.
Between 1858-1928, people in receipt of charitable aid were generally disqualified from enrolling to vote (see SUB0316). Aboriginal people living on stations or reserves were generally considered to be in receipt of charitable aid and therefore could not nominate as a political candidate.
It was not until the mid-20th century that Aboriginal people began to nominate as political candidates in NSW. People such as Burnum Burnum and Millie Ingram being some of the first ().
At a federal level, in 1971 Neville Bonner became the first recorded Aboriginal Member of Parliament ().
In NSW, the first Aboriginal Member of NSW Parliament, Linda Burney, was elected to office in 2003.
The Indigenous-Aboriginal Party of Australia, which is controlled by Aboriginal people, was established in 2020 and officially registered in 2021 ().
The law and policy in this subject is accurate as of 1 June 2023.